Citation Nr: 21006111
Decision Date: 02/03/21	Archive Date: 02/03/21

DOCKET NO. 12-35 497
DATE: February 3, 2021

REMANDED

Entitlement to a rating in excess of 30 percent for right knee meniscectomy residuals, prior to January 13, 2009, is remanded.

Entitlement to a rating in excess of 30 percent for right total knee arthroplasty residuals, from March 1, 2010, to February 28, 2017, is remanded.

Entitlement to a rating in excess of 60 percent for right total knee arthroplasty residuals, as of March 1, 2017, is remanded.

REASONS FOR REMAND

1. Entitlement to a rating in excess of 30 percent for right knee meniscectomy residuals, prior to January 13, 2009, is remanded.

2. Entitlement to a rating in excess of 30 percent for right total knee arthroplasty residuals, from March 1, 2010, to February 28, 2017, is remanded.

3. Entitlement to a rating in excess of 60 percent for right total knee arthroplasty residuals, as of March 1, 2017, is remanded.

The VA treatment records currently in evidence contain notations indicating that VA employees scanned medical records into a VA hospital's imaging system, but do not contain any copies of the scanned records.  Any treatment records scanned into a VA hospital's imaging system are within VA's constructive possession and are considered potentially relevant to the issues on appeal.  Remand is required to allow VA to obtain those records.

The matters are REMANDED for the following action:

Obtain all outstanding VA treatment records.  Specifically, obtain the most recent VA treatment records not included in the record of evidence and the records noted as having been scanned into the Vista imaging system by VA Medical Center personnel, as noted in the VA treatment records in evidence, dated October 6, 2014; September 28, 2014; October 2, 2012; and September 17, 2012.

 

 

Harvey P. Roberts

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	T.M. Gillett

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.